Since the "Government Property" clause is not necessarily included in facilities contracts, the following clause has been authorized for use when the utilization of General Services Administration supply sources are prescribed in facilities contracts: GENERAL SERVICES ADMINISTRATION The Contracting Officer may issue the Contractor an authorization to utilize General Services Administration supply sources for property to be used in the performance of this contract. Title to all property acquired under such an authorization shall be in the Government. Subpart J-Procurement for the National Aeronautics and Space Administration [Reserved] Subpart K-Coordinated Procurement [Reserved] Subpart L-Commodity Assignments [Reserved] AUTHORITY: The provisions of this Part 1206 issued under R.S. 161, sec. 2(a), 72 Stat. 514, secs. 2202, 2301, 2314, 70A Stat. 120, 127, sec. 1, 76 Stat. 528; 5 U.S.C. 22, 171a(c), 10 U.S.C. 2202, 2301-2314; DoD Directive 5105.22, November 6, 1961. SOURCE: The provisions of this Part 1206 appear at 28 F.R. 2642, Mar. 19, 1963, unless otherwise noted. Subpart A-Buy American Act- § 1206.103 Exceptions. § 1206.103-2 Nonavailability in the United States. (a) Supplies not listed in § 6.105 of this title may be excepted from the restrictions of the Buy American Act only after a written determination made by the contracting officer, unless authority to make such determination is specifically restricted to higher level by the head of the procuring activity. (b) The required determination shall be prepared in substantially the following form: DETERMINATION Date Pursuant to the authority contained in Section 2, Title III of the Act of 3 March 1933, commonly called the Buy American Act (41 U.S. Code 10 a-4), and authority delegated to me by paragraph 6-103.2 of Defense Supply Procurement Regulation, I hereby find: a. (Description of the item or items to be procured, including unit, quantity and estimated cost inclusive of duty and transportation costs to destination.) b. (Brief statement of the necessity for the procurement.) c. (Statement of facts establishing the nonavailability of a similar item or items of domestic origin.) Based upon the above showing of fact, it is determined that the above described item(s) is (are) not mined, produced, or manufactured, or the articles, materials, or supplies from which it (they) is (are) manufactured, are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. Accordingly, the requirement of the Buy American Act that procurement can be made from domestic sources and that it be of domestic origin is not applicable to the above described procurement, since said procurement is within the nonavailability exception stated in the Act. Authority is granted to procure the above item(s) of foreign origin (Country of origin) at an estimated total cost of $------, including duty and transportation costs to destination. (Signature) (c) The signed copy of the determination will be made a part of the contract file. (d) When the restrictions of the Buy American Act are determined, in accordance with paragraph (a) of this section, to be inapplicable to the end products, the contractor shall be notified of such determination by such means as an appropriate notation in the body of the contract. § 1206.103-5 Canadian supplies. The Director, Defense Supply Agency has determined that the following supplies are of a military character or are involved in programs of mutual interest to the U.S. and Canada: 93 Non-metallic Fabricated Materials----- 9320, 9330, 9350 Metal Bars, Sheets 95 and Shapes----- All Classes Parts for the above listed supplies are considered to be included in the list, even though not separately listed, when they are procured under a contract that also calls for listed supplies. § 1206.104 Procedures. § 1206.104-50 Procedure for submission to Executive Director, Procurement and Production, DSA. Proposed awards not within the approval authority of the head of the procuring activity should be submitted to the Executive Director, Procurement and Production, DSA, for approval, with (a) a recommendation supported by relevant facts, including the amount of applicable duty as verified by the Bureau of Customs, (b) one copy each of the bids or offers to be considered, and (c) an abstract of bids. The requirement shall be carefully screened against Department of Defense excess and surplus materials before submission. The results of such screening shall be reported in the statement of facts. Appropriate provision should be made for extending the date of acceptance of bids, offers, or proposals to permit sufficient time for orderly transmission and consideration. Subpart B-Buy American Act-Construction Contracts [Reserved] Subpart C-Appropriation Act Restrictions on Procurement of Foreign Supplies Where prices for domestic supplies are considered unreasonable within the purview of § 6.304-1 of this title, the contracting officer will forward a request for determination, through channels, to the Executive Director, Procurement and Production, DSA. Each such request, in addition to complete information on all factors pertinent to the requested action, will contain a proposed determination. The format of the determination in § 1206.103-2b may be used as a guide. § 1206.304-3 Evaluation of bids and proposals. Requests for decisions as to proposed awards referred to in § 6.204-3 (c) of this title, will be forwarded, through channels, to the Executive Director, Procurement and Production, DSA. Each submission will include complete information on the conditions set forth in § 6.204-3 (c) of this title, and a copy of the bid or proposal which is the basis of the proposed award. Subpart D-Purchases From SovietControlled Areas (b) Requests for the approval required by § 6.402(b) (2) of this title for purchases exceeding $2,500, shall be forwarded to the Executive Director, Procurement and Production, DSA, and shall contain full justification, and all pertinent details, for effecting the proposed procurement from a source within a Soviet-controlled area. Subpart E-Canadian Purchases § 1206.501 Purchases from Canadian suppliers. Any contract with a supplier or contractor located in the Dominion of Canada shall be made with and administered through the Canadian Commercial Corporation, 2450 Massachusetts Avenue NW., Washington, D.C., except: (a) Under circumstances of public exigency as described in § 3.202-2 of this title and § 1203.202-2 of this subchapter procuring activities are authorized to negotiate directly with suppliers or contractors domiciled in the Dominion of Canada without reference to the Canadian Commercial Corporation. (b) When the Canadian Commercial Corporation requests that the procurement be placed directly with Canadian suppliers or contractors. Canadian firms shall be placed on the appropriate bidders mailing list only upon the request of the Canadian Commercial Corporation. Such requests should be directed to the activity having procurement responsibility for the supplies involved. Invitation for Bids and Requests for Proposals will be sent directly to the Canadian firms appearing on the bidders mailing list with instructions to the firms to submit their bid or proposal directly to the Canadian Commercial Corporation. A copy of the Invitation for Bids or Request for Proposals and a listing of all Canadian firms solicited will be sent to the Canadian Commercial Corporation. Invitation for Bids and Requests for Proposals will be furnished to the Canadian Commercial Corporation, even though not furnished Canadian firms, if requested by the Corporation for its own account. Corporation will receive bids and proposals from individual Canadian firms and forward by cover letter to the appropriate procuring activity. Bids and proposals received directly from a Canadian firm shall be referred to the Canadian Commercial Corporation for appropriate action. (b) Bids of the Canadian Commercial Corporation will be subject to the same consideration with respect to determining responsiveness as is applied to domestic bids. § 1206.501-52 Pre-award survey re quirements of Canadian firms. (a) Except as provided in § 1206.501, prime contracts for supplies or services procured from sources in the Dominion of Canada will be made with the Canadian Commercial Corporation and further subcontracted to sources selected by the Canadian Commercial Corporation. (b) In determining the responsibility of the proposed contractor where procurements are to be placed with Canadian sources, the contracting officer will document the file as required by § 1.904 of this title with a record of his determination as to the responsibility of the first tier subcontractor selected by the Canadian Commercial Corporation to perform the contract. (c) The pre-award qualification check or survey information required by the contracting officer as the basis for the determination referred to in b. above, may be obtained by direct request to the Canadian Commercial Corporation. Necessary surveys may be performed by the contracting officer or by his representative in lieu of or in addition to pre-award qualification check performed Canadian Commercial Corporation. § 1206.504 Mutual Canadian-American interests. (a) General. In implementing the Department of Defense policy of seeking the best possible coordination of the materiel programs of Canada and the United States, the Director, Defense Supply Agency has made determinations concerning listed supplies and instructions with respect to bids and proposals offering Canadian end products, as set forth in Subparts A and E of this part. (b) Application. The alleviation of the restrictions of the Buy American Act with respect to Canadian supplies as prescribed in this section applies to the evaluation of bids or proposals in solicitations involving competitive bidding on (1) supply contracts, (2) research and development contracts, and (3) contracts for services involving articles, materials and supplies. (c) Limitations. The authority contained in this part, with respect to Canadian supplies, will not be used in instances where a solicitation and award must be limited to, or placed with, a domestic source in accordance with one or more of the following: (1) Requirements for U.S. Mobilization Base; (2) Small Business Set-Aside program; (3) Labor Surplus Area Set-Aside program; (4) Negotiated procurement in the interests of standardization (§ 3.213 of this title); (5) Appropriation acts restrictions; or (6) Other specific requirements in the interests of the U.S. Government in individual cases as approved by the Executive Director, Procurement and Production. Subpart F-Duty and Customs § 1206.602 Policy. § 1206.602-1 Duty-Free entry certifi Subpart D-Clauses for Cost-Reimbursement Type Research and Development Contracts 1207.402 Required clauses. 1207.402-8 Subcontracts. 1207.450 General. Subpart E-Clauses for Personal Service Subpart F-Clauses for Fixed Price Construction AUTHORITY: The provisions of Part 1207 issued under R.S. 161, sec. 2(a), 72 Stat. 514, secs. 2202, 2301, 2314, 70A Stat. 120, 127; 5 U.S.C. 22, 171a(c), 10 U.S.C. 2202, 23012314; DoD Directive 5105.22, November 6, 1961. SOURCE: The provisions of Part 1207 appear at 28 F.R. 2644, Mar. 19, 1963, unless otherwise noted. § 1207.050 Application. This part is applicable not only to contract clauses but to approved contract forms prescribed in Part 16 of this title and Part 1216 of this subchapter. Contract forms and clauses prescribed by ASPR and DSPR must be used in accordance therewith unless the Executive Director, Procurement and Production, DSA, grants a deviation. Other forms and clauses previously approved and currently in use in the respective procuring activities may continue to be used: Provided, Such forms and clauses are consistent with ASPR and DSPR. Contract forms and clauses prescribed by ASPR and DSPR may not be modified except (a) as a variation in the prescribed or approved form or clause expressly permitted by the ASPR or DSPR, or (b) by the addition of provisions supplementary (a) General (1) Contract clause. The disputes clauses contained in § 7.10312 of this title may be modified to provide for an intermediate appeal board only after approval by the Counsel, DSA. (2) Armed services board of contract appeals. The charter and rules of the Armed Services Board of Contract Appeals are set forth in Appendix A, ASPR. References herein to "Rules" are to the mentioned rules. (3) Correspondence and communications. All official correspondence with the Board will be addressed to the Recorder, Armed Services Board of Contract Appeals, Washington 25, D.C. (b) Procedure for handling disputes— (1) Responsibility of the contracting officer. The contracting officer should screen disputes to insure that findings and decisions are rendered only on disputes made subject to the disputes procedure by the contract. The contracting officer should obtain legal and other advice and assistance required to render a decision; however, the decision in the final analysis must be that of the contracting officer. Final decisions should conform to § 1.314 of this title. (2) Appeals from decisions of contracting officers. (i) All appeals will be presented to the Armed Services Board of Contract Appeals by trial attorneys of the DSA Center or Service involved. Direct communication with the Board is authorized. (ii) At the time of filing with the Board or receipt by the trial attorney, a copy of each Notice of Appeal, Complaint, Answer, Rule 6 Memorandum (without inclosures), Brief, and Motion for Reconsideration, if any, will be forwarded to the Counsel, DSA. |